TAKE PART IN 'PUBLICITY WARFARE'
MANILA, JANUARY
6,
2012 (TRIBUNE) By Angie M. Rosales and
Benjamin B. Pulta - Formal defects in the Articles of Impeachment filed by the
House of Representatives against Supreme Court Chief Justice Renato Corona, if
warranted by the Senate impeachment court, would be tantamount to the dismissal
of the case.
"It will be tantamount to a dismissal and it will have several consequences.
Remember that in our Constitution, there can only be one impeachment complaint
per year (to one impeacheable person). The question that might arise out of this
issue is, would this be counted as 'one'? Since it's no longer in the hands of
the House (of Representatives)? Do they have to wait for one year before
congressmen can file again? That would entail a lengthy debate.
"If it's (found to be) fatally defective, then it's as if there's no
impeachment complaint," said Sen. Francis "Chiz" Escudero.
If it's found to be defective on the onset, congressmen can argue that it
cannot be considered as a case as they failed to build up a case.
"They can argue that way," he said.
Escudero, in a television interview, explained the issue on the so-called
formal or substantial defects of the complaint as well as the matter of
"verification."
Corona's defense team is standing by its plea for a preliminary hearing to
determine the merits of the complaint against the magistrate.
Cuevas insisted that the property was purchased in installment by the the
couple and in fact they have yet to finish paying for it, in answer to the
claims of lead prosecutor Rep Niel Tupas, Jr., that the CJ owns a P14.5 million
condo in the Bellagio at the Fort.
Cuevas said their request for a preliminary hearing, which has already been
approved by the Senate, is only to determine whether there is basis to proceed
with the trial on the merits.
He assured that the defense panel would only cite valid defense of the chief
justice in the preliminary hearing.
"They say we are delaying the proceedings...but that's part of our answer and
the law allows that," he stressed.
Whie the defense panel sees nothing wrong with its request for a preliminary
hearing, it however assailed the move of the House prosecution panel to hire
private lawyers to assist in prosecuting Corona during the impeachment trial
which is set to start third week of January.
Cuevas noted that under the impeachment rules of procedures, private lawyers
are not allowed to act as prosecutors during the trial as the House members
should be the "sole prosecutor" in the case.
He specifically cited Rule VI, Section 15 of the House rules of procedure in
impeachment proceedings.
The hiring of private lawyers, according to Cuevas, also showed that the
House is not prepared to defend its case.
Corona, in his "reply" as respondent, filed before the Senate, has taken the
position that the complaint against him is legally infirm and defective as it
"failed to meet the requirements of the Constitution."
He also filed a pleading to hold a preliminary hearing for the impeachment
court to take this up and hear his "affirmative defense."
In his 79-page reply, Corona said the Senate may not proceed to trial
considering that it is insufficient in substance and form since the so-called
Articles of Impeachment are "mere opinions and conjectures, without basis in
fact and in law."
It is constitutionally defective as it failed to comply with the requirements
of verification which states that each of the signatories read the contents of
the complaint.
"Undoubtedly, the public admissions by members of the House of
Representatives declared that there was no opportunity to read the
complaint...It stands to reason that the House of Representatives had no
authority under the Constitution to transmit the Articles of Impeachment for
trial before the Senate," Corona said.
Under Section 4, Rule 7 of the Rules of Court, Corona said that a pleading is
verified by an affidavit that the affiant has read the pleading and that the
allegations therein are true and correct of his personal knowledge and based on
authentic records.
"In this case, however, the requirement of verification is not a mere
procedural rule but a constitutional requirement. In other words, failure to
meet the requirement renders the impeachment of Chief Justice Corona
unconstitutional," he added.
Furthermore, Corona said Section 3 (4) of Article XI of the Constitution
requires that the verified complaint is filed by at least one-third of all
members.
Escudero, who is a lawyer, pointed out that in ordinary court proceedings,
documents are subscribed and sworn in by the petitioner or witnesses.
"In the verification, it states there that you have personal knowledge or you
should have read the documents laid down to you and affirm its validity that's
why you affix your signature there.
But in the matter of impeachment proceedings, the rules of court may not
apply as the Senate has its own rules concerning impeachment trial, he said.
"Now whether or not it is defective will be decided upon by the Senate as an
impeachment court," Escudero said.
"There are only two ways of deciding an issue or a motion asked by any party.
One is the Senate President as the presiding officer can rule on it, on his own.
Now, a senator-judge can seek a reconsideration or appeal from the ruling of the
chairman in which case, there will have to be a vote. The second option of the
Senate President, if he refuses to rule, is for him to bring this up to the
plenary and say,'Let's put it to a vote.' Although initially he can say for
example, 'I move that it presents back to the House,' for example if the lawyer
for the defense would say that. Senate President Enrile can rule on that," he
added.
As to Corona's request for a conduct of a preliminary hearing, it's within
the discretion of the impeachment court to grant or to deny the motion as it's
found within the rules of court.
"Whether it's the preliminary hearing or the trial proper of the main case,
to my mind, the effect would be the same because whatever is presented in the
preliminary hearing can be used in the trial proper," he said.
The difference, if the Corona's request will be granted, it will be the
defense panel that will be allowed to present the evidence they wanted the
public to know.
It is a basic principle in law that says he who alleges must prove the same,
said Escudero.
This can either be put it to a vote before the body or the Senate President
can simply decide on it, the senator pointed out.
Senate Majority Leader Vicente Sotto III made an assurance that the
impeachment court will immediately take up all the filed motions and pleadings
once they reconvene in Jan. 16.
This early, Sotto said each senator-judges are expected to be studying all
the motions and pleadings as they have been furnished each a copy of these
documents.
Sotto said it's possible that before they reconvene the court to conduct the
impeachment trial, it's likely that Enrile would call for a caucus being the
presiding officer of the impeachment court.
Meanwhile deputy presidential spokesman Abigail Valte said the Palace would
rather leave it to the government prosecutors on how the case should be handled
even as she claimedthat which has been publicly said in media reports appear to
be just a sneak preview of what the impeachment proceedings would be.
"If it's going to be part of the trial, then apparently we are seeing the
content in bits and pieces. We will see it with other pieces of evidence. And
how that will form part of the evidence of the prosecution panel. Remember there
are eight grounds of impeachment, so it looks like the prosecution is merely
baring just a piece of the evidence it will present during the actual trial
itself", Valte said. With Fernan J. Angeles
FROM THE PHILSTAR
Corona won't be drawn into 'publicity warfare' By
Edu Punay (The Philippine Star) Updated January 06, 2012 12:00 AMComments (1)
MANILA, Philippines - Chief Justice Renato Corona yesterday vowed to
answer allegations of corruption in his impeachment trial at the Senate,
refusing to take part in "publicity warfare."
Corona said he will let his lawyers address the insinuation of Presidential
Adviser on Political Affairs Ronald Llamas that he had amassed ill-gotten
wealth.
"I will refer it to my lawyers," he told The STAR in a text message.
Corona said his lawyers led by retired Supreme Court justice Serafin Cuevas
would disprove before the impeachment court allegations in all eight articles in
the complaint, including graft charges arising from his refusal to make public
his Statement of Assets, Liabilities and Net Worth (SALN).
"I have left those to my lawyers to do what has to be done," he said.
Cuevas said the new allegations against Corona made by the House prosecution
panel last Tuesday would not stand in the impeachment trial.
The rules of procedures provide that the prosecution cannot present evidence
or new allegations that are not in the complaint, he added.
Cuevas cited the allegation that the Bellagio property was a gift for a
favorable decision.
"That's not embodied in their complaint," he said. "You cannot raise
piecemeal charges. That's not allowed precisely because it (non-inclusion in the
complaint) prevented us from controverting that in our answer."
Cuevas said the graft charges remain as "conjectural and speculative
allegations" since they do not have supporting evidence.
The questioned apartment is a conjugal property of Corona and his wife, Ma.
Cristina, he added.
In its complaint filed last Dec. 12, the House prosecutors had alleged that
the property could have come from ill-gotten wealth. However, they have yet to
present proof.
Cuevas said the complainants speculate that Corona has not reported this in
his SALN, and that its price is beyond his income as a public official.
"CJ Corona admits that he and his wife purchased on installment a 300-sq. m.
apartment in Taguig, declared in his SALN when they acquired it," he said.
However, Cuevas refused to discuss details of Corona's answer in deference to
a rule prohibiting parties in the impeachment trial from discussing merits of
the case in public.
Cuevas vowed to question before the Senate impeachment the public
presentation of evidence by the House prosecution panel.
"We will definitely invite the attention of the impeachment court that there
should be some remedy of some sort to stop this kind of trial (by publicity),"
he said. "It's a violation of the very rules of the impeachment court."
Revolutionary gov't
Marcos loyalist lawyer Oliver Lozano said yesterday the Senate impeachment
court has preempted a "creeping reign of terror" as a prelude to a revolutionary
government when it openly declared that the rule of law and supremacy of the
Constitution will be strictly observed during the trial.
He said the Senate, which is the last bulwark of democracy, will put an end
to any attempt of the administration to replicate the Cory Aquino revolutionary
government, which abolished the Supreme Court and removed all duly elected
officials.
Lozano is among the petitioners for certiorari and prohibition to declare
void the impeachment complaint against Corona and prohibit the Senate from
trying the complaint because of grave abuse of discretion.
He said once the SC issues an order "legal eagles" in the Senate will comply
and uphold the rule of law instead of mob rule.
Lozano said Senate President Juan Ponce Enrile and Sen. Vicente Sotto III
warned that they will not allow any attempt to discredit the impeachment
process.
He said the way Aquino and some of his advisers are defying the SC's orders
indicates that a "de facto revolutionary government" was already in place.
"The Senate can now flex its muscle as a court and discipline any party who
want to derail the impeachment process," he said.
'Don't pass judgment immediately'
Novaliches Bishop Emeritus Teodoro Bacani Jr. yesterday asked the public to
discern the issue and not to immediately pass judgment on Corona.
Speaking over Catholic Church-run Radio Veritas, Bacani said nothing was
wrong when the prosecution team presented their evidence, like the P14.5-million
penthouse unit at the Bellagio condominium in Bonifacio Global City in Taguig,
against Corona.
"That is legitimate," he said. "If they have a case against him (Corona),
they just have to prove it. In order to prove that, they need to have this
investigated."
However, Bacani said the public should not immediately believe these stories.
"For the people, (it does not mean) that just because the person is being
investigated, he is already at fault," he said.
"It is the responsibility of the people to be critical (thinkers) on the
issue and not pass judgment unless it has already been proven (in court)," he
added.
Meanwhile, Sorsogon Bishop Arturo Bastes believes that these revelations
about Corona would be part of the impeachment case.
Bastes said with the developments, it appears that what Corona is facing is a
political trial, not a court trial.
"That is why it is difficult if it is a political trial because all your
enemies would be after you. That is how impeachment goes," he said. – With Perseus Echeminada, Evelyn Macairan
Chief News Editor: Sol Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE NEWS ONLINE
All
rights reserved
PHILIPPINE
HEADLINE NEWS ONLINE [PHNO] WEBSITE
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